HomeMy WebLinkAbout1976-1992 GDC Documents Publications & CorrespondenceSome interesting General Development Corporation reading:
1. Newspaper article May 1976
2. Newspaper articles May 1978
3. Portion of a narrative to videotape from meeting with GDC in Miami
4. 1979 Agreement with GDC w/attached letter - interpretation of
provisions
5. 1985 and 1986 GDC letters regarding proposed dredging
6. 1991 Memo from former City Manager Robb McClary
7. 1992 Settlement Agreement with list of tracts we obtained
The following is from our deed list index
MARCH 27, 1992
PARCEL 1: LOT 2, BLOCK 12 AND TRACT C; ADJACENT TO BLOCK 41; TRACT D, ADJACENT TO
BLOCK 21; TRACT E, ADJACENT TO BLOCK 17; TRACT F, ADJACENT OF BLOCK 14; TRACTS H & I,
ADJACENT TO BLOCK 12
PARCEL 2: TRACT O, ADJACENT TO BLOCK 65, UNIT 2
PARCEL 3: TRACT Y, ADJACENT TO BLOCK 121, UNIT 4
PARCEL 4: ALL OF BLOCK 193 AND TRACT C, BLOCK 223, UNIT 8
PARCEL 5: ALL OF BLOCKS 268 (BARBER STREET SPORTS COMPLEX) & 300 & TRACT A, BLOCK
211, TRACT B, BLOCK 267 & TRACT C, BLOCK 264, UNIT 10
PARCEL 6: LOT 19, BLOCK 364; LOT 12, BLOCK 365; TRACTS A & B, ADJACENT TO BLOCK 282;
TRACT C, ADJACENT TO BLOCK 372, TRACT D & TRACT E, BLOCK 347, UNIT 11
PARCEL 7: TRACTS A & B, UNIT 13
PARCEL 8: TRACT D, BLOCK 333, UNIT 13
PARCEL 9: TRACT B, ADJACENT TO BLOCK 507, UNIT 14
PARCEL 10: TRACT G, ADJACENT TO BLOCK 488, UNIT 15
PARCEL 11: TRACT P, ADJACENT TO BLOCK 560; TRACTS R, S, & T, ADJACENT TO BLOCK 559,
UNIT 16
PARCEL 12: LOTS 1 TO 11, INCLUSIVE, BLOCK 449; LOTS 1, 2, 3 & 4, BLOCK 451; LOTS 11 & 12,
BLOCK 462; LOTS 4, 6, 7, 8, 11, 12, 13, 14, 15, 16,17 & 18, BLOCK 570; LOTS 1, 2, 3, 4, 5, 6, 7, 9, 10, 11,
12, 13, 14, 15, 16, 19 & 20, BLOCK 578; LOTS 12, 13, 14 19, 20 & 21, BLOCK 579; LOTS 1, 2 & 3, BLOCK
580; AND LOTS 4 & 5, BLOCK 589, UNIT 17
PARCEL 13: TRACT A, BLOCK 441; TRACT B, ADJACENT TO BLOCK 445; TRACTS H & I, BLOCK 574;
TRACT K, ADJACENT TO BLOCK 588, TRACK M, ADJACENT TO BLOCK 599; TRACT O, ADJACENT
TO BLOCK 593, THE WESTERLY 115' OF TRACT P, ADJACENT TO BLOCK 602, TRACT Q, ADJACENT
TO BLOCK 604, TRACT R, ADJACENT TO BLOCK 613, TRACT S, ADJACENT TO BLOCK 616, TRACT
U, BLOCK 598; TRACT V, BLOCK 599; TRACT W, BLOCK 595; TRACT X, BLOCK 462 AND TRACT Y,
BLOCK 580, UNIT 17
PARCEL 14: A PORTION OF SECTION 18, TWP 31 S, RANGE 39 E, LYING IN I.R.C., BEING BOUNDED
AS FOLLOWS:
ON THE W & N BY THE SOUTHERLY AND A PORTION OF THE EASTERLY LINES OF THE LANDS
DESCRIBED IN A WARRANTY DEED RECORDED IN OFFICIAL RECORDS BOOK 818, AT PAGE 341
OF THE PUBLIC RECORDS OF I.R.C., AND ALSO ON THE S AND W BY THE EASTERLY BOUNDARY
LINE OF THE PLAT OF SEBASTIAN HIGHLANDS UNIT 16; ON THERE E BY THE WESTERLY
BOUNDARY LINE OF THE PLAT OF REPLAT PORTIONS OF SEBASTIAN HIGHLANDS - UNIT 9, AND
WESTERLY LINE (LABELED WESTERLY FACE OF EXISTING BULKHEAD) OF EXHIBIT AB@ OF A
QUIT CLAIM DEED AS RECORDED IN OFFICIAL RECORD BOOK 346, AT PAGE 499 OF THE PUBLIC
RECORDS OF I.R.C., AND WESTERLY LIMIT OF BAILEY DRIVE AS SHOWN ON THE PLAT OF
SEBASTIAN HIGHLANDS UNIT 9.
PARCEL 15: LAKE HARDEE, AS SHOWN ON THE PLATS OF SEBASTIAN HIGHLANDS UNIT 2 AND
SEBASTIAN HIGHLANDS UNIT 4 BEING FURTHER DESCRIBED AS FOLLOWS:
THOSE PORTIONS OF SECTIONS 11 & 12, TWP 31 S, RANGE 38 E, BOUNDED ON THE SOUTHERLY
SIDE BY LAKE DRIVE; ON THE EASTERLY SIDE BY THE WESTERLY LINE OF LOTS 1 TO 9,
INCLUSIVE, OF SAID UNIT 2 AND LOTS 10, 11 & 12 OF SAID UNIT 4, BOTH OF BLOCK 73 AS SHOWN
ON BOTH SAID PLATS; ON THE WESTERLY SIDE BY AHARDEE PARK@ CONVEYED IN OFFICIAL
RECORD BOOK 725, I.R.C., AND ON THE NORTHERLY SIDE BY THE NORTHEASTERLY AND
SOUTHEASTERLY BLOCK LINE OF BLOCK 120 (BEING THE NORTHEASTERLY AND
SOUTHEASTERLY LOT LINES OF LOTS 1, 2 AND 3, OF SAID BLOCK 120) OF SAID UNIT 4 AND THE
SOUTHEASTERLY RIGHT OF WAY LINE OF THAT CERTAIN DRAINAGE RIGHT OF WAY LYING
NORTHWESTERLY OF SAID BLOCKS 72 & 120, BOTH IN SAID UNIT 4.
GENERAL DEVELOPMENT CORP. / CITY OF SEBASTIAN
Some interesting General Development Corporation reading -
1 .
eading:
1. Newspaper article May 1976
2. Newspaper articles May 1978
3. Portion of a narrative to videotape from meeting with GDC in Miami
4. 1979 Agreement with GDC w/attached letter - interpretation of
provisions
5. 1985 and 1986 GDC letters regarding proposed dredging
6. 1991 Memo from former City Manager Robb McClary
7. 1992 Settlement Agreement with list of tracts we obtained
Sally
• •Micco-Little
®v �� Hollywood
•Barefoot Bay
GDC Road
Hear*ing Is Set
By Virginia Moulton
In a special meeting which
eluded Sebastian city
uncilmen, General
welopment Corporation
'icials, the city attorney, L.
Vocelle, and the city
gineer, Flip Lloyd; legal
d technical points were
scanned for needed changes
between the city and GDC
regarding the eventual ae
ceptance of the streets by the
city in the Sebastian
Highlands area. A date was
then set for a public hearing
on the matter.
Basically the agreemen
?1ood Donors
>ave Money
By Virginia Moulton
n effort to decrease, the
ent's bill at Sebastian
er Medical Center is the
pose behind the present
e to begin a blood donors
at the center, according
the chief laboratory
nologist, Norman Cage.
)r every unit of blood a
ent uses, he is charged $25,
e explained, noting that
Sebastian center obtains
blood from Brevard
iital and the patient is
'ged for whatever he uses.
ie plan is for Brevard
oral Hospital personnel to
it the Sebastian center
)dically, beginning April
to receive donors. The
istian River Medical
er would continue to
,n its blood needs from
and and credit would be
i the Sebastian club for
unit collected.
ge used fictitious cases
he explained, "if a
m used two units of blood
he. or a member of his
blood needs and has since day
one of our operation, but
they've never complained,
even when we used 25 units on
one patient," said .Cage,
noting, however, that the
patient paid for it — a
whopping $625 on his bill.
Many insurance companies
won't pay for blood
replacement, according to
Cage.
A list of the donors will be
kept at the Sebastian center,
and a monthly report will be
available on the status of the
blood supply credited to the
local donor's club.
Pamphlets and posters have
been circulated in the area
designating April 29 from 10
a.m. to 4 p.m. as the first
donors day at Sebastian River
Medical Center.
Knowledge of one's blood
type is not necessary, nor is an
appointment. "Just tell the
receptionist you're here to
donate a pint of blood," st-
ressed Cage. Personnel will be
clad to answer auestions at
tremained the same, with the
acceptance planned in three
- phases and GDC to be
required to guarantee three
years' maintenance of the
streets in each phase, prior to
the acceptance by the city.
Phase one will include
Sebastian Highlands' units
two, three, four, five, six and
eight; phase two will include
units nine, 10, 11, 12 and 13 and
phase three will include units
14, 15, 16 and 17.
The only controversy about
the agreement was not about
the road, but rather about the
maintenance, of the ditches,
creeks and dams on GDC
property.
Councilman Skip Gray
asked, "Who is going to own
the dam at the end of Collier
Creek, and who will own and
maintain Collier Creek? They
will be a big expense item in
the near future," he noted.
The GDC attorney, Wayne
Allen, claimed, however, that
that is "another problem. If
we try to get all problems into
one agreement it will be too
complicated," and suggested
ra separate agreement.
However, Gray did not
agree, stating, "I think it
should be part of, this
agreement," noting that the
agreement frequently states
that it pertains to "roads and
drainage."
The agreement does include
three drainage related items
to which GDC Vice -President
C. C. Crump had formerly
refused to agree until the city
came to an agreement on the
road acceptance plan.
The agreement states that
GDC must "complete ,the
drainage work commenced in
phase one, unit two, com-
mencement of dredging in
Collier Creek between
Fellsmere Highway and Grant
Avenue ... and relocation of
the pavement at the in-
tersection of Sloan Street and
Futch Way upon verification
by a licensed surveyor that the
street is improperly located."
Another item which the city
included and Crump will in-
vestigate, states "correct 14'
overlaps in lot 14, block 59,
unit two and other lots ef-
fected along. Drawdy Way."
Crump hopes to complete
his investigation in the near
future in order to have the
agreement in its final form for
the public hearing.
It is only the three-year
maintenance agreement
,which would require an
amendment to ordinance 179
and would, after adoption,
apply to everyone who hen-
ceforth builds streets in the
city, according to Vocelle, who
noted that the rest of the
agreement is just between
GDC and the City of Sebas-
tian. Presently, only a one-
year maintenance agreement
is required.
However, former city
councilman Pat Flood, who
was in the audience,
suggested that the public
should have an opportunity to
hear.and discuss the entire
agreement.
Therefore the special
meeting was set for May 19 at I
Sebastian City Hall at 7:30
p.m., when both the
agreement and the ordinance
will be read to the citizens in
the public hearing.
Eri,;-May 18, 1979, Vero Beach, Fla., PRESS -JOURNAL 10A
stian
Graaccoittl.e-Hollywood -*Barefoot
rea�veh
Bay'. .,*.Sebastian •Fe E�m�re *Roseland:
Sebastian Road _Show Impresses
Officials At
!Thursday will long be remembered as-
Feano,. comptroller- Wayne
family' The Landsdowne lake appeared
landmark day in the 2p-year+i ory of
'Harold.
Alle n p efiegal counsel for W. dgd'
after apprgainiatety 2;1 inches of rain
egotiatiens ;petweeq tjtes c4ty of
Nancy- Roen, another member AD. ther-
feflin Sebastian on May 14.
ebastian and�eneral _bevelopment
GDC legal department.
A picture indeed seemed to say more
- -. - 4- .-
During the program,. GDC..offfcial;
than 10,000 words, for there- was not
6~9n -'Mayor Pat Flood,: ac-
were- confronted .with _.:numerous
muchAiscussion in the GDC conference
.
palpinied by City Attorney Buck
examples of poorly'-cons,Pucted,
room when the Sebastian presentation
acelle, City Clerk Florence Phelan,
misplaced and unmaintained drainage
was concluded.
otmcilwoman Dorothy McKinley and
ditches and canals that.turn`Sebastian
Avella, corporation president, spoke
treet department supervisor Dale
residents' lawns and_ driveways into
first and his words and attitude seemed
Tehr, led a delegation to Miami Thur-
lakes after every rain and are perpetual
to set the. tone for the remainder of the
lay for a meeting with GDC corporate
breeding grounds for mosquitos, snakes
meeting.
Fads-
and unpleasant growths.
Avella congratulated Flood and the
Geed with a videotaped presentation
A cursory tour of outlying streets in
unpopulated sections the
other members of the Sebastian
delegation for
nepared for the city by Dick Szeluga,
of city showed
cracked pavement overgrown by grass
taking their time to come
to Miami and for the effort that went into
ir-Sebastian contingent held GDC of-
and weeds shooting up from the asphalt
the preparation of the videotape.
et31s spellbound for 45 minutes of full-
Air_ depictions deplorable"
surface. Other more widely traveled
"We're a large corporation and we
of
thoroughfares were found to have been
take pride in what we do," Avella con-
afnage and road systems conditions
constructed on sand and marl bases with
tinued. "Looking at that film, we can't
hich are an everyday plague to city
asphalt surfacing that ranged in
take much pride in it. We would like to
-sidents.
thickness from one inch to little more
see the problems resolved."
Viewing the videotaped production
than an eighth of an inch.
Avella agreed with Flood that the time
ere Bill Avella, president of GDC;
The mini -documentary concluded with
has come in the course of GDC -Sebastian
ave Doheny, GDC vice-president; C. C.
a memorable scene of a young man
relationships for the two parties to sit
rump, senior vice-president of
rowing a boat down the middle of Land-
down and discuss the problems and
zgineering; Jack O'Neal, vice-
sdowne Drive and across the front yard
possible solutions calmly and rationally.
resident ,of homesite development;
of a large home owned by the Vance
"I think some things take longer than
Q I
others, but I sincerely feel that, by
working together, some spirit of com-
promise can be worked out."
Before the meeting concluded Thur-
sday, Avella appointed counselor Allen
as GDC's chief negotiator -with full
authority to engage in settlement talks
with a Sebastian counterpart, probably,
Flood.
Among the possible solutions`
discussed briefly at the meeting was the
establishment of an escrow account by-
GDC,
yGDC, funds from which would be used by
the city as needed for the renovation and
maintenance of residential units, with
GDC thereby released from any further
obligation to the city.
"I really feel we've come a long way
today," remarked Flood as the meeting
adjourned. "I feel a lot better about
things now than I did coming down here
today."
If Flood is appointed as chief
negotiator by the full city council, he is in
hopes of wrapping up talks and resolving
the GDC -Sebastian situation within three
to six months.
Foodtown and Fellsmere Farms met
were tbe7 winning- pitchers. '.
first to finish a game that ended in a 5-5
bined pitching talents of Jimr
tie when time expired after six innings of
Paul Fleming, Troy -Friend
play on March 29.
David Deeson were not enoug
Foodtown won the playoff when team
the fired up Fellsmere squad.
members added another three runs to
Wielding the big bats for I
five already scored, beating Fellsmere
were Pat Edwards and Christia
by a final score of 8-6. The win put
whom doubled and hada singit
Foodtown in first place for the mid-
to their credit. Joel McKenny
season championship.
Jimmy Van -Matta, Tom Stre
Paul Fleming went to mound for
Robert Evans each got a single.
Foodtown and also recorded the only
Skip Honaker's single was
Foodtown hit — a single — during the tie-
base hit recorded by F oodtov
breaker innings.
entire seven -inning game.
Zevion Thomas pitched for Fellsmere
The league standings at this
Farms and added a single base hit to his
the second half of the 1979 sea
team's total. Calvin Christian and Joel
Foodtown, Fellsmere Far
McKenney also singled.
Southeast Bank involved in a t
The second game played May 12 also
tie for first place. Each of tho
pitted Foodtown against Fellsmere
has two wins and one loss. Th
Farms. That contest was the makeup of
Indian River Packers are tra
a game rained out on May 8.
field with no wins and three 14
SOMETHING FOR EVERYONE!
ENJOY COUNTRY LIVIN(
AT ITS FINEST in this tour
try estate with two acres c
producing grove for it
come. A well-maintaine
home, it has four bec
rooms, two baths, nic
landscaping, and a poo
Soo � _(71
s
}
yo u: fro w��a
ECTI�,
,
' id
- h §May -``i$, '1979
r7�/` lntc nn F,arful Fram S�bastiG
Lansdowne Street is different. Almost
•ery time there's a quarter -of an Inch of
in, it floods, Mayer Pat Flood complained
tursday in Mlam1
He had videotapes to prove it_ The scene
ras the board room of one of Florida's big-
! st land developers, the General Develop-,
ent Corp.
A Sebastian delegation off' ljht'-met
sere with lq officials of GDC, which since
.e 1950s has been developing 10 square
:les of countryside that it persuaded Se-
stian to annex.
THAT APPEARED to have c nge
after GDC President William R. Avella
watched the town's videotape. It showed
misiocated drainage ditches — some with
uphill slopes — and culverts two feet wide
that were all but buried in canal silt. It:
showed standing water in the. ditches, a
m
corroded daon Collier creek, cracked sea
walls along the canals, quarter -inch paving
that should have been an inch thick;`a'boy
rowing a boat on Lansdowne Street. and
Mother Nature regaining control of Flagler
Court.
AVELLd, WHO has been president of
an unknown number of years in the future,
has been negotiating with the town, was
told to work out a dollar agreement. Avella
the company for a little more than'a year,
f s►
' Sebastian ti4ri C happy Shot$ a = 8 fault; an delegation
the develo r more than 20 ears ago.
Pe Y g
$200,000 In escrow?" he asked. "If only.A
-flyAtLD MARKO�VIT2
,. ,end PHIL LONG :
things have been going, about the drainage complained.
about the way Well, almost all.
Most of the problems shown in the video-
tape involved work the town has refused
few houses are built in an area for several
years and we used it now, we'd only have
w..arosanwm«.
Grass grows in some streets of the tiny
and pavement problemS,or
GDC has approached its responsibilities. p�'of the problem Was that years ago,
to accept as its own.
GDC wants very much to discharge its
to go and redo it later." `
Z of Sebastian: So do bushes, shrubs
small trees, poking up through the
Until Thursday, negotiations between the Sebastian's town engineer also happened
town and the company hadn't gone well. to be in GDC's employ. GDC's management
responsibilities in Sebastian, if only the
Avella did not object to the idea, but
would not commit himself to a figure.
id
asks in the thin asphalt pavement.
p
� d hes changed since that time.
town would let i. —and in such a way
that it wouldn't be obligated to come back
Wayne Allen, the company lawyer whe
Lansdowne Street is different. Almost
•ery time there's a quarter -of an Inch of
in, it floods, Mayer Pat Flood complained
tursday in Mlam1
He had videotapes to prove it_ The scene
ras the board room of one of Florida's big-
! st land developers, the General Develop-,
ent Corp.
A Sebastian delegation off' ljht'-met
sere with lq officials of GDC, which since
.e 1950s has been developing 10 square
:les of countryside that it persuaded Se-
stian to annex.
THAT APPEARED to have c nge
after GDC President William R. Avella
watched the town's videotape. It showed
misiocated drainage ditches — some with
uphill slopes — and culverts two feet wide
that were all but buried in canal silt. It:
showed standing water in the. ditches, a
m
corroded daon Collier creek, cracked sea
walls along the canals, quarter -inch paving
that should have been an inch thick;`a'boy
rowing a boat on Lansdowne Street. and
Mother Nature regaining control of Flagler
Court.
AVELLd, WHO has been president of
an unknown number of years in the future,
has been negotiating with the town, was
told to work out a dollar agreement. Avella
the company for a little more than'a year,
Avella said.
said the company would help the town
appeared Moved by the film.
HE MENTIOiv'ED that a few years ago,
apply for any available federal grants.
"General Development's a large corpora-
-the company put $300,000 into drainage
Marjorie Szeluga, whose husband Rich -
tion;' he Said- "We consider ourselves one
'work. Flood said it was wasted: "No one
and made the videotape, said she appreci-
of integrity. We';e q I uits7ld alt t�hpt3.;would listen wheal told them the ditches
we're doing . 1=te�r�Pdle were running uphill — and there's no way
ates Avella's offer of his company's exper-
tis e in those and other matters.
much pride out of R.";' �rin;the
world water will run uphill."
She had another idea:
Mayor Flood said the town probably will
He had what he thinks is a better idea.
"If your expertise doesn't help us solve
have to sell about $750,000 in bonds to pay
"It we said we'd accept it [GDC's im-
the flooding, maybe you have some that
for repairs on the streets it accepted from
provementsj, would you put $150,000 or
will teach us how to raise rice."
— — y
WE HAVE NOT HAD ANY RAIN IN THE PAST MONTH. LOOK AT THE AMOUNT OF WATER COVERING
THIS CULVERT. THE WATER IS BACKING UP IN EXISTING DITCHES. THERE IS NO POSITIVE
DRAINAGE AND THE WATER IS BACKING UP IN DITCHES IN THE LAKE HARDEE AREA. WATER
WILL SEEK IT'S OWN LEVEL, BUT WILL ALSO BACK UP AND THIS STAGNANT WATER HELPS
MOSQUITOES TO BREED. THIS IS ANOTHER 18" CULVERT WEST OF THE 1ST CULVERT. IT
TOO IS FULL OF WATER CREATING THE SAME PROBLEM OF BACKING UP IN DITCHES. WE ARE
GOING TO CONTINUE TO HAVE THESE PROBLEMS AS LONG AS LAKE HARDEE IS AT ITS PRESENT
LEVEL. WILL CREATE A PROBLEM IN LAKE COLLIER, PUSHING SEA WALLS OUT.
THIS IS AT THE WEST END OF LAKE HARDEE. THE CULVERT IS ABOUT 36" WITH 2/3-3/4
UNDER WATER. IT USED TO BE KIND OF WIDE HERE. IT'S BACKED UP TO ROSELAND ROAD.
THERE IS THE SAME PROBLEM THROUGHOUT UNITS 3 AND 4. THIS IS DITCH BEHIND FIRST
SHOT OF THE CULVERT THAT WE SHOWED, RUNNING BETWEEN 2 HOUSES BACKED UP 1/2 MILE.
WEEDS GROWING THERE IN DITCHES, UNABLE TO HOE AS LONG AS WATER THERE. THIS DITCH
IS THE SAME DITCH OF THE FIRST SHOT OF THE CULVERT. YOU CAN SEE THE PROBLEM OF
THE WATER BACKING UP. IT'S A CONTINUAL PROBLEM IN THE AREA - MAINTENANCE OF
DITCHES WITH WATER STANDING IN. THIS IS GOING TO SHOW WATER STANDING BACK AS FAR
AS THE CAMERA WILL GO. CULVERT RUNS UNDER THE ROAD ON AN ANGLE. IN THE MIDDLE
OF THE DITCH BLUE STAKES SHOW PROPERTY LINES OF WHERE THESE HOUSES SHOULD BE.
WEST END OF LAKE HARDEE CATCH BASIN - 36" CULVERT - PIPE FROM CATCH BASIN RUNS
TO WEST. WOULD GO PROBABLY A MILE WITH WATER STANDING THROUGHOUT WHOLE AREA FROM
THE WATER LEVEL OF LAKE HARDEE BACKING UP. YOU ARE LOOKING AT MR. GREEN'S HOUSE
AT THE WEST END OF LAKE HARDEE ON PONOKA. WE ARE TRYING TO SHOW THE DEPTH OF THE
DITCH AND THE DISTANCE OF IT. WATER STANDING ALL ALONG THE CULVERT OF THE STREET
WE'RE ON. WE HAVE A SHORT SHOVEL AND THERE IS AT LEAST 18-24" OF WATER STANDING
IN THE DITCH. THIS IS A YEAR ROUND PROBLEM.
LOOKING BACK TO THE SOUTH A SHORT DITCH GOES INTO A T, RUNS FROM HERE BACK TO THE
RIGHT UNDER THE ROAD AT DURANT STREET. IT RUNS FOR APPROXIMATELY ANOTHER MILE WITH
WATER STANDING IN THE DITCH ALL THE WAY.
AT THE DAM AT THE HEAD OF COLLIER CREEK, THE HAMMER POINTS OUT THE DETERIORATION
OF THE DAM ITSELF - PILE DRIVINGS COMPLETELY RUSTED THROUGH,NUMBER OF HOLES D-3
THROUGHOUT. STRIKING WITH HAMMER, NO PROBLEM PUSHING HOLE THROUGH. VERY LITTLE
METAL LEFT IN PILINGS. CONDITION OF IRON TOP OF EDGE OF PILE DRIVING 3/8" GOOD
DOWN TO THE MIDDLE. RUSTED OUT FROM 1/8" TO NOTHING CREATING LARGE HOLES IN THE
PILINGS. LOOKING DOWN COLLIER CREEK TO THE SOUTH TRYING TO SHOW CULVERT AND OLD
WATER LEVEL WHICH WAS THERE FOR YEARS UNTIL THEY PUT SEA WALL IN LAKE HARDEE. IF
YOU RAISE THE WATER LEVEL, IT WOULD COME TO THE TOP OF THE SEA WALL. WE HAVE
DISCUSSED THIS WITH MR. ALLEN -AND SHOWN HIM THESE PROBLEMS. MR. ALLEN SAID DAM
HAS HELD FOR 20 YEARS AND WE SHOULD GO AHEAD AND
THIS SHOWS WATER LEVEL. SOMEBODY TOOK BOARDS OUT AND DROPPED DRAINAGE WHICH HELPED.
LANSDOWNE DRIVE, LOOKING AT CULVERT IN REAR OF PROPERTY, 7/8" FULL OF WATER. IT
HAS NOT RAINED FOR 30 DAYS AND THE DITCH IS FILLED WITH WATER. PICTURES OF
LANSDOWNE SHOW STAKES IN FRONT OF PICTURE WHERE DITCH IS SUPPOSED TO BE. DITCH
8' FROM WHERE IT BELONGS AND FULL OF WATER. GDC PUT THESE STAKES IN. WHEN WE
HAVE RAIN THIS PLACE IS COMPLETELY UNDER WATER AT THIS POINT. WE ARE PANNING
TO SHOW THE GROWTH AND HOW BAD IT IS. GROWTH VERY HIGH. WATER CAN'T GET TO
DITCH. WATER ON OTHER SIDE OF DITCH. MR. VANCE'S DRIVEWAY SHOWING EROSION.
STREET, 1/2 BLOCK FROM VANCE HOUSE, REAR MAIN DITCH BEHIND HOUSE,
DITCH 30-35' WIDE. LOOKS LIKE IT HAS NEVER BEEN CLEARED OF GROWTH. PICTURE
OF CULVERT PIPE. IF DRAINAGE DITCH WAS CLEARNED, WATER WOULD GO AWAY.
PANNING IN THE OPPOSITE DIRECTION ON STREET, PINE TREES 6-7" THICK RIGHT
IN THE DITCH ALL ALONG. NO WAY WATER CAN RUN WITH ALL THIS DEBRIS.
ROSE ARBOR AND CARAVAN DRIVE, GROWTH ACCUMULATED ON ASPHALT IS AN EXAMPLE OF
MANY ROADS IN SAME CONDITION. PAY PARTICULAR ATTENTION TO GROWTH ON BOTH SIDES
OF ROADWAY. VERY LITTLE MAINTENANCE WORK TO ELIMINATE THESE PROBLEMS. MANY
ROADS IN AREA HAVE SAME EXISTING CONDITION. THIS IS ONE OF THE BAD ONES. MANY
MORE LIKE IT. THESE ROADS WILL DETERIORATE VERY FAST. TRAVELING APPROXIMATELY
AA�MILE
T DOWN THIS STREET, YOU CAN SEE THIS CONDITION EXISTS ON ENTIRE STREET AREA.
WE ARE GOING OVER NOW, WEEDS AND GRASS HITTING FRAME OF AUTO.
DITCH ON BLOSSOM - 20' WIDE - GDC SOLD THIS PROPERTY AND ADJOINING PROPERTY.
- 4 -
A G R E E M E N T
THIS AGREEMENT, made and entered into this /,/Mj
day of August, 1979, by and between GENERAL DEVELOPMENT
CORPORATION (hereinafter called "General"), a Delaware
corporation authorized to do business in the State of
Florida, and the CITY OF SEBASTIAN (hereinafter called
"City"), a municipality under the laws of the State of
Florida;
W I T N E S S E T H:
WHEREAS, General has recorded in the Official
Records of Indian River County, plats subdividing lands
within the City; and
WHEREAS, General has posted corporate performance
bonds and/or surety bonds as security for the construction
of roads and drainage facilities as shown on said plats; and
WHEREAS, General has completed construction of
roads and drainage facilities as shown on said plats; and
WHEREAS, General having completed construction of
all roads and drainage facilities in the recorded plats of
Sebastian Highlands Units 2 through 6 and 8 through 15, as
recorded in the Official Records of Indian River County,
which were not previously accepted by City and having an
obligation to complete the roads and drainage facilities in
Units 16 and 17; and
WHEREAS, General's obligation is to have completed
WHEREAS, the City and General desire to resolve
putes between the parties in regard to construction
onsibility for road construction and maintenance in
through 6 and 8 through 15 of the recorded plats of
an Highlands.
NOW THEREFORE, in consideration of the mutual
is contained herein and other good and valuable
ration, the parties do hereby agree as follows:
1. The agreement entered into between General
and City, dated the 9th of June, 1976, is hereby voided and
shall no longer have any force or effect.
2. General herewith pays to the City the sum of
two hundred thirty-three thousand dollars ($233,000.00) for
the purchase of maintenance equipment to maintain roads and
drainage facilities in the City of Sebastian, and to assist
in the reconstruction and/or repair of the Lake Hardee dam.
3. General herewith pays to the City the sum of
one hundred twenty-five thousand dollars ($125,000.00) to
assist the City in paying the cost of an access road to the
southern portion of the City of Sebastian from U.S. 1 to
Shumann Drive and to assist in paying for resurfacing major
arterial roads in the City, or for such other road and
drainage purposes as may be determined by the City Council.
4. The City by execution of this agreement,
which has been approved by a majority vote and resolution of
the City Council, City of Sebastian, does hereby accept as
completed by General in accordance with the Subdivision
Regulations of the City, all roads and drainage facilities
in Units 2 through 6 and Units 8 through 15 of Sebastian
5. General shall, upon execution of this agreement,
deed to the City for municipal purposes the twelve (12) acre
site located at the intersection of Barber Street and Arbor
Drive. This conveyance by General shall be conditioned upon
General receiving from the Indian River County School Board
(the School Board) a letter relinquishing all right, title,
and interest in said tract.
6. City shall, within sixty (60) days of the
date of this agreement, repeal that provision of Ordinance
No. 179, Paragraph 6.07-B, requiring construction of ten
(10) percent of homes on a platted street prior to acceptance
by the City of roads and drainage facilities constructed by
developer.
7. General shall convey to the City the tract
located at the intersection of Barber Street and Schumann
Drive in the City, upon the payment to General of the sum of
nine thousand five hundred sixty dollars ($9,560.00). The
conveyance will limit the use of the parcel to school purposes
or such tract will revert back to the ownership of General
Development. General hereby acknowledges receipt from City
of the sum of nine thousand five hundred sixty dollars
($9,560.00) in full payment of this obligation.
8. City discharges and release General, its
officers, employees, stockholders, successors and assigns
from any and all obligations, liabilities or agreements
relating to the payment by General to the City of surety
bond premiums savings which have accrued or may in the
future accrue to General because of corporate performance
bonds posted with the City by General.
9. General shall obtain an easement through the
General shall provide the technical expertise and any necessary
engineering design or data for the City to apply for the
necessary permits. General shall construct such drainageway
and obtain any permits entirely at its expense and at no
cost or further obligation to the City.
10. General will indemnify and legally defend at
no cost to the City and save the City harmless from any and
all actions or judgments, if any, by purchasers of property
from General who have any complaints or legal actions against
General in regard to the location and/or construction of
drainageways in the City.
11. General will complete a core boring program
and will reconstruct at General's expense City streets in
Units 2 through 15 of Sebastian Highlands to provide one (1)
inch of asphalt wearing surface, as defined herein, where
deficiencies have occurred. As an alternative to such
reconstruction, General, upon the City's request, shall
deposit with the City an amount computed at $33.00 per ton
of asphalt estimated as required to correct the deficiency,
for the City's exclusive use for road maintenance in the
City. General will be obligated under this paragraph if the
results of the core borings, taken at the frequency of five
(5) borings per mile, indicate less than one (1) inch of
asphalt surface within a tolerance of minus (-) one quarter
(1/4) inch. Where deficiencies occur the area of deficiency
shall be further defined by additional borings. General
shall provide to the City the results of its core boring
tests within ninety (90) days from the date of this agreement.
The City within sixty (60) days of the receipt of such
report shall notify General of any roads for which it requires
12.. City, upon execution of this agreement,
hereby accepts the construction of all roads and drainage
facilities and will thereafter maintain such roads and
drainage facilities in Units 2 through 6 and 8 through 15 in
Sebastian Highlands, as recorded in the Official Records of
Indian River County, except as stated herein in Paragraph
15, and does hereby release and forever discharge General
and its officers, employees, stockholders, successors and
assigns from any and all obligations, under corporate bonds
or surety bonds previously posted with the City to guarantee
construction and/or maintenance of roads and drainage facilities
in the aforesaid units, including, but not limited to the
bonds shown on Exhibit "A" attached hereto.
13. City does hereby release and forever discharge
General and its officers, employees, stockholders, successors
and assigns from any and all other obligations, claims,
warranties, liens, right of action or other legal remedies
of whatever nature or kind which may have arisen or could
have arisen between the parties prior to the date of this
agreement.
14. General and City agree that when General
completes construction of the roads and drainage facilities
in Units 16 and 17 it shall submit them to the City for
acceptance for maintenance by the City. The City shall
within a reasonable time inspect said roads and drainage
facillities in Units 16 and 17 to assure completion of
construction in accordance with the Subdivision Regulations
in effect at the time of plat recordation. Once such deter-
mination is made the City shall by resolution accept such
road and drainage facilities for maintenance by the City and
development plans, consistent with General receiving applicable
permits which General shall use its good faith efforts to
obtain, for: (1) Collier Creek from Fellsmere Highway to its
intersection with Elkcam Waterway; and (2) Elkcam Waterway
in its entirety. General shall maintain these waterways at
its expense until the excavation work is completed. Upon
completion of the excavation work, the City shall accept
these waterways for maintenance.
Executed on behalf of the City of Sebastian in
accordance with a resolution passed by majority vote of the
City Council at its meeting on the �"day of 0A ' r- ,1S'T P
1979.
GENERAL DEVELOPMENT CORPORATION
By:
William R4FAv6lla,
President
Attest: LU"-'
Wayne L. Allen
Vice President
CITY OF SEBASTIAN, FLORIDA
Prick Flood, Mayor
Attest: per,
City Clerk
General Development Corporation
(a August 15, 1979
City of Sebastian
Post office Box 127
City Hall
Sebastian FL 32958
Attn: Mayor Pat Flood
Re: August 15, 1979 Agreement - Road Acceptance
Dear Mayor Flood:
Wayne L. Allen
Vice President and
Assistant General Counsel
In reference to the discussions with residents of the City on
August 13, 1979, this letter is to set forth our mutual
interpretation of the following provisions of the subject agree-
ment.
1. Paragraph 7 -- If the school site tract reverts back
to General Development Corporation, we will pay back
to the City the sum of nine thousand five hundred sixty
dollars ($9,560.00).
2. Paragraphs5 & 7 -- General shall pay the 1979 taxes on
the two properties through the date of delivery of
the deeds to the City, notwithstanding language to the
contrary contained in the deeds.
3. Paragraph 15 -- The reference to Collier Creek in-
cludes Collier Waterway to its intersection with
Elkcam Waterway.
4. Paragraph 5 - If the release is not received from the
School Board, General will convey a comparable sized
site from one of the park sites shown on General's
master plan.
5. This letter will be attached to the agreement dated
August 15, 1979 between the parties and is made a part
thereof.
WAYNE L. ALLEN
Page 1 of 2
1111 South Bayshore Drive, Miami, Florida 33131 Telephone 305 3501261
j
Villages of Sebastian Highlands
RECEIVED MAY 2 8
2055 S.E. US #1
VERO BEACH, FL 32962
(305)569-4300
May 23, 1985
The Honorable James Gallagher
Mayor of Sebastian
P. 0. Box 127
Sebastian, Florida 32958
Dear Mayor Gallagher:
GEORGE R. KULCZYCKI
DIRECTOR OF
COMMUNITY OPERATIONS
Attached for your information are copies of letters submitted
to the Regulatory Agencies requesting approval to perform maintenance
dredging and weed removal in Collier and Elkam Waterways.
We should receive a response within the next 90 days. I will
keep you advised.
Sincerely,
rQZ�A--j
gorge . KtQzycki
Director of Community Operations
GRK/sr
Attachments
cc: Cecil R. Hunton
Ray Thomson, Building Inspector
0
A General Development Community A City Investing Company
Gene:-af Deveiopment Corwration
VERO/SEBASTIAN _
Date Received:
:.
Received by
Reviewed by GRK: J ��
Action Required:
„ay 22, 1985
Ms. Barbara Bess
Dredge d gill Supervisor
St. John's River District
Department of Environmental Regulation
�3 9 Aaguire Blvd., Suite 232
FL . 32803
RE: t;aintenance Dredging in Sebastian Highlands,
Indian River County.
Dear Barbara:
General Development Corporation is proposing to perform maintenance
dredging and weed removal in Collier and Elkcam waterways in the
project area as shown on the attached drawings.
As per Chapter 17-4.04(d), F.A.C., it is our understanding that this
work is exempt from any permit requirements under Chapter 17-4,F.A.C.
No previous permit was issued by the Board of Trustees of the Internal
Improvement Trust Fund or the United States Army Corps of Engineers for
the construction of this existing non -tidal, man-made upland canal
system which was constructed several years ago.
As per our earlier conversation, I am enclosing for your review
drawings which indicate both the original design specifications and the
extent of proposed maintenance work in the subject waterways.
Appropriate Best Management Practices will be employed and turbidity
control devices will be utilized wherever practicable during the course
of work. Disturbed slopes will be stabilized and revegetated, with all
excavated material being disposed of on non -jurisdictional upland
sites.
I hope this information suffices and allows for you to concur with the
proposed in a timely manner.
If you regu.re n further information, please do not hesitate to call.
i
Since,,,-..,.,
.
Jame Denier, Denier, Jr.
Pro.ect Administrator
Environmental Permitting
JAD/mpr.
mpr1975 bcc: E. Clark, W. Jurgens, G. Kulczycki, C. Landau
General Development- Corporation
VERO/SEBASTIAN
Date Received:
Received by
Reviewed by GRK: s
Action Required:
Mr. Michael Slayton:
Chief, Regulatory Section
Department of the Army
Jacksonville District Corps of Engineers
P.O. Box 5220-766
Dear Mike:
Re: Maintenance Dredging in Sebastian Highlands,
Indian River County.
May 22, 1985
General Development Corporation is proposing to perform maintenance
dredging and weed removal in Collier and Elkcam Waterways in the
project area, as shown on the attached drawings.
Based on our earlier conversation o the subject, it is my
understanding that the COE does not exert jurisdiction in the project
area. Therefore, this wort: is exempt from any permit requirements as
per the provisions of Section. 404 of the Clean Water Act and Section 10
of the Rivers and Harbors Act. If you concur, please provide your
signature below and return so that we may have record for our files.
Thank you for your time and consideration on this matter.
Sincere Ly,
JaZ/A. Denier, Jr.
Project Administrator
Environmental Permitting
JAD/mpr.
Michael Slayton Date
Chief, Regulatory Section
cc: Mike Zimmerman,USCOE,Stuart Office
bcc: E. Clark, W. Jurgens, G. Kulczycki, C. Landau
m1987
7e!eGnore -3_ 3=0 -200
General Development Engineering Company
October 7, 1976
File: SH 1, 2 & 4 LD
Mayor Eugene Cragg
City of Sebastian
City Hall
Sebastian, Florida
Re: COLLIER CREEK MAINTENANCE DREDGING
Dear Mayor Cragg:
This is to inform you that this office has issued a
work release to dredge washed in silt and sand from
Collier Creek. This work will be done in accordance
with the recent General Development Corporation
Agreement with the City. (See Agreement Page 5,
Item 9b.)
Our construction forces will perform this work as soon
as they can schedule it. If you have any questions,
please contact this office.
MB:ec
cc: C. C. Crump
Bob Bluem
Bill Bevan
Wayne Allen
Sincerely,
M rk aggett,
Manager, Engineering
2095 South West U.S. #1, Vero Beach, Florida 32960 Telephone 305-562-6558
OQ
�" w •a��s�
City of Sebastian
POST OFFICE BOX 780127 c SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 o FAX (407) 589-5570
M E M O R A N D U M
DATE: May 24, 1991
TO. W.E. Conyers, Mayor & Sebastian City Council
FROM: Robert S. McClary 14, -�V' ,
RE: General Development Corporation
---------------------
BACKGROUND
79, General Development Corporation ("GDC")
and
On August 15, 19
the City of Sebastian encontract, among other thingters d o twritten agreement.
lined certain esponsibilities
,
and obligations of GDC istructing and maintaining and
infrastructure (public streets anddrainage improvements)
provided for a procedure forthesimprovements to be accepted by
the City for perpetual maintenance.
on April 6, 1990, GDC filed for protection under Chapter 11 of
the Federal Bankruptcy Laws. Since that date,
GDC has failed to
meet its obligations under the terms ofthe occas� ns to negotiate a
agreement. I
have met with GDC officals on six (6) s to n the 1979
new agreement. Any new agreement would sup
contract and relieve GDC of its responsibilities and obligations
under the 1979 agreement in exchange for real property Y
by GDC to the City. Under the terms of a new agreement, the City
would assume responsib frittherCity would not maintenance the be f assuming infrastructure
I s
built to date. HoweTinder no
responsibilities will C ty eemen
obligate uner the 1979 ritself• to construct
circumstances ill
e
improvements which GDC would have built under the terms o
1979 agreement. (Example: aterwa at C is required
econstruct certain
estimated cost Of $1.2
seawalls along the Elkcam W Yor to
million. The City may choose to c ns The point ct tis that theseawalls�C t� of
tru
install rip rap, or to do nothing.)
Sebastian is not adevelopei and
liabil ties no petense that it responsib 1 ties
to assume GDC's c1v1
representations or promises.
Re: General Development Corporation Page 4
The total estimate of CDC's obligations under the 1979 Agreement
amount to $4,256,450. I point out that this estimate is not
comprehensive in that, it does not include an estimate of
maintenance expenses GDC would otherwise incur for street and
drainage facilities until they would otherwise be turned over to
the City for maintenance.
GE RAL DEVELOPMENT CORPORATION -ASSETS
If the City is to release GDC of its 1979 contractual obligations
and assume responsibility for the maintenance of the
infrastructure constructed to date, we should receive something
of value in exchange. It is obvious from the bankruptcy filing
that GDC is cash short. However, GDC does own certain real
estate within the City which may have little value to a private
owner, but considerable value to the City. Therefore, we have
identified certain GDC real estate holdings, which GDC would
exchange for a release of its contractual obligations. These
properties are listed in Exhibit "C" and are valued at
$2,418,990.
SUMMARY AND RECOMMENDATION
It is our hope that GDC is able to successfully reorganize and
recover its economic health. However, until GDC has successfully
reorganized, street and drainage facilities must be properly
operated and maintained in order to promote the public health,
safety and welfare. The property owners and residents of
Sebastian have no one else to turn to other than the City.
Further, GGC must find some way of relieving itself of economic
liabilities if it is to successfully reorganize. Therefore, both
GDC and the City are well motivated to finding a way for the
property owners and citizens to be served. I believe it would be
in the best interest of our citizens and property owners, the
City and GDC to enter into an agreement as outlined above.
Upon approval of this memorandum by the Sebastian City Council,
this outline should be submitted to GDC for its approval. Once
both parties agree to the concepts and details outlined herein,
the City Attorney should then prepare a contract which
contains the provisions outlined in this memorandum.
/jmt
y
SETTLEMENT AGREEMENT
THIS
AGREEMENT is
made and
entered
into this
16th day
of
January ,
3.992 , by and
between THE
CITY OF
SEBASTIAN
(the "City")
and GENERAL DEVELOPMENT CORPORATION, a Delaware corporation, as
Debtor -in -Possession ("GDC") under U.S. Bankruptcy Court (the
"Court") Case No. 90-12231-BKC-AJC (the "Bankruptcy Case").
W I T N E S S E T fl:
WHEREAS, GDC is the owner of certain property described in
Exhibit "A" attached hereto (the "GDC Conveyance Parcels");
WHEREAS, GDC may have certain obligations to the City more
particularly described in Exhibit "B" attached hereto (the "GDC
Obligations");
WHEREAS, GDC and the City have agreed to the conveyance of the
GDC Conveyance Parcels to the City and to other items as set forth
below all in resolution of certain matters between themselves, as
herein provided, and desire to confirm certain other agreements and
understandings between themselves.
NOW THEREFORE, in consideration of the premises, and for other
good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged, the parties, intending to be legally
bound, hereby agree as follows;
1. Recitals. The above recitals are true and correct and
are hereby incorporated by reference as if fully set forth herein.
2. Conveyance. GDC hereby agrees to convey the GDC
Conveyance Parcels to the City, which the City agrees to accept as
its treatment under the plan of reorganization of GDC (the "Plan"),
in full and complete satisfaction of the proof of claim filed by
the City in the Bankruptcy Case (the "Proof of Claim") (the City
hereby waiving and releasing any right the City may have to receive
any other or additional distribution under the Plan), and,
additionally, in consideration for which the City agrees: (i) to
irrevocably and unconditionally release GDC and its successors from
any and all of the GDC Obligations, including, but not limited to,
any obligations associated with, connected to or arising from the
Proof of Claim (which shall include as applicable, the release by
the City of the bonds posted by GDC with the City in connection
with the GDC Obligations (the IlBondsll)) ; and (ii) to assume the
maintenance and operational responsibilities and obligations
included within the GDC Obligations.
3. Title. At the closing under this Agreement, the City
shall take title to the GDC Conveyance Parcels subject to the
following (the "Permitted Exceptions"):
(a) ad valorem real estate taxes for 1992 and
subsequent years;
(b) all laws, ordinances and governmental
regulations, including, but not limited to, all
applicable building, zoning, land use and environmental
ordinances and regulations;
(c) restrictions, reservations, easements,
covenants, agreements, limitations and other matters
appearing of record; and
(d) matters which would be disclosed by an accurate
survey of the GDC Conveyance Parcels.
2
4. Title Examination of GDC Conveyance Parcels. Within
twenty (20) days from the date of this Agreement, the City shall
procure, at its sole cost and expense, a commitment (the
"commitment") for title insurance issued by a nationally recognized
title company for an owner's ALTA Form B Marketability title
insurance policy for the GDC Conveyance Parcels. The City will
have ten (10) business days following receipt of the Commitment
within which to examine same:
If, upon the examination of the Commitment, the City finds
title to be defective (i.e. matters which render title unmarketable
in accordance with the standards of the Florida Bar and are not
Permitted Exceptions), the City shall, by no later than the
expiration of such ten (10) day examination period, notify GDC, in
writing, specifying the defect(s); provided that if the City fails
to give GDC written notice of defect(s) before the expiration of
said ten (10) day period, the defects shown in the Commitment
shall, anything in this Agreement notwithstanding, be deemed to be
waived as title objections to closing this transaction and GDC
shall be under no obligation whatsoever to take any corrective
action with respect to same nor to warrant title to same in its
special warranty deed of conveyance. If the City has given GDC
timely written notice of defect(s) and the defect(s) render the
title other than as required by this Agreement, GDC shall use its
reasonable efforts to cause such defects to be cured by the date
of closing. In no event shall GDC be obligated to bring suit or
to expend any sums of money to buy-out or settle any such lien, or
3
any other encumbrance or claim against the GDC Conveyance Parcels
or to cure any other title defect. At GDC's option, the date of
closing may be extended for a period not to exceed thirty (30) days
for purposes of eliminating any title defects. In the event that
GDC does not eliminate all timely raised title defects as of the
date specified in this Agreement for closing, as the same may be
extended under the preceding sentence, the City shall have the
option of either: (i) closing and accepting the title "as is",
without offset or deduction in consideration given to the City, or
(ii) cancelling this Agreement, whereupon both parties shall be
released from all further obligations under this Agreement.
Notwithstanding the foregoing, in the event a title defect or
objection affects only a portion of the GDC Conveyance Parcels (the
"Title Defect Parcel"), and the value of the Title Defect Parcel
is mutually agreed by the parties to be ten percent (10%) or less
of the overall value of the Conveyance Parcels, then, uniess Gum
elects and is unable to cure such title defect, and subject to the
City's reasonable approval, GDC may select and substitute a
different parcel of land owned by GDC in the City of Sebastian of
reasonably equivalent value for the Title Defect Parcel, which
shall become part of the Conveyance Parcels.
5. construction of Uncompleted Portions of Units 16 and 3.7.
The City hereby agrees that GDC and its successors and/or assigns,
at any time whatsoever in the future, shall have the absolute right
to develop the remaining unconstructed portion of the Pians of Unit
16 and Unit 17 in accordance with the subdivision standards in
4
effect at the time that Unit 16 and Unit 17, as applicable, were
platted, and the requirements of that certain Agreement dated as
of August 15, 1979, between the City and GDC (the 1179 Agreement"),
and in no event shall any higher or different standards or
requirements ever be imposed by the City in connection with, or as
a condition to, the development of said Unit 16 or Unit 17 (even
if said Unit 16 or Unit 17, or any portion(s) thereof, are
replatted, no higher or different standards or requirements shall
be imposed. Notwithstanding anything to the contrary contained in
the foregoing, if any portion of Units 16 or 17 are replatted, and
the purpose of replatting is other than to relocate or widen roads,
or to locate or relocate stormwater drainage, the right of way and
road and drainage requirererts and standards in effect at the time
that Unit 16 and Unit 17, as applicable, were platted, and the
requirements of the 79 Agreement, as aforedescribed, shall be
applicable, but the developer of said property (whether GDC or a
successor thereof) shall otherwise be obligated to conform to all
other applicable current standards or requirements). Without
limiting the foregoing, the City acknowledges and agrees that the
City shall never require any further dedication, conveyance or
designation of land for parks, recreational or other public use to
Unit 16, Unit 17, or any other plat already accepted by the City
(a "Prior Plat") which is not already set forth in the applicable
plat; provided, however, if in connection with the development of
any Prior Plat, the appropriate governmental agency requires that
any parcel of land within the Prior Plat be used for drainage
S
purposes and such parcel has not already been designated for such
purpose, GDC will convey such parcel to the City upon the condition
that the City will assume maintenance and operation with respect
to such Parcel upon such conveyance.
6. Fleming Street Extension. GDC agrees that, prior to
developing the applicable portion of Unit 16, the developer of said
property (whether GDC or a successor thereof) shall be obligated
to replat said portion to create a right-of-way to extend Fleming
Street from Chesser's Gap to the east boundary of Unit 16 (Block
517). it is the City's intention to ultimately extend Fleming
Street from said point to U.S. #1.
7. quit claim Assignment of Easements on abiion Ranch
Property and the BQY 849Uts Of Z=_Z .: cw at closing, CDC
shall assign to the City by a quit --slain assianment! and on a non-
recourse and non-exclusive basis, its rights under the grant of
Easement between Shiloh Youth Ranch, Inc. and GDC recorded in
Official Records Book 654, Page 1228, and Gulf Stream Council,
Inc., Boy Scouts of America and GDC, recorded in Official Records
Book 574, Page 2698.
8. Taxes. All outstanding ad valorem real property taxes,
interest payments, and penalties with respect to the GDC Conveyance
Parcels shall be paid by GDC prior to closing.
GDC's Representations. GDC represents to the City as
follows:
(a) Authority of GDC. GDC is a corporation duly
organized, validly existing and in good standing under
rl
the laws of the State of Delaware, and is duly authorized
to transact business in the State of Florida. This
Agreement is binding on GDC and enforceable against GDC
in accordance with its terms subject to the provisions
of paragraph 14 below.
(b) FIRPTA. GDC is not a "foreign person" within
the meaning of the United States tax laws and to which
reference is made in Internal Revenue Code Section
I445(b)(2). At closing, GDC shall deliver to the City
a certificate to such effect.
10. City#s Representatiaim. The City represents to GDC as
follows:
(a) Investigation. The City is a knowledgeable and
sophisticated ow*'1er of real estate properties. The City
has previously reviewed and considered the nature of this
transaction and investigated the GDC Conveyance Parcels
and all aspects of the transaction. The City has
determined that the GDC Convevance Parcels are
satisfactory to the City in all respects and the City is
acquiring the GDC Conveyance Parcels in "as is"
condition. The City has and will rely solely on the
City's own independent investigations and inspections,
and the City has not relied and will not rely on any
representation of GDC other than as expressly set forth
in this Aareement (and provided that the City understands
and agrees that none of the representations of GDC shall
7
survive the closing nor are intended to be relied upon by the
City after closing). The City further acknowledges and agrees
that, except for the specific representations made by GDC in this
Agreement, GDC has made no representations, is not willing to
make any representations, nor held out any inducements to the
City other than those (if any) exclusively set forth in this
Agreement, and GDC is not and shall not be liable or bound in any
manner by any express or implied warranties, guaranties,
statements, representations or information pertaining to the GDC
Conveyance Parcels, except as may be specifically set forth in
this Agreement.
(b) City's Authority. The execution. delivery and
performance of this r` grieve -meant by the City have been duly
authorized, and this Agreement is binding on the City and
enforceable against the City in accordance with its terms. No
consent of any other person or entity to such execution, delivery
and performance is Yequlc-,�!d.
11. Default. In the event of a default by either party under
this Agreement, the non -defaulting party shall be entitled to all
rights and remedies available at law or in eguity.
12. Closing Costs.
(a) The City and GDC shall each be responsible for one-half
of the following costs: (i) the cost associated with issuance of
the Commitment, the cost of obtaining any title insurance policy
updates or reports on the GDC
R
Conveyance Parcels (all of which shall be calculated at
minimum risk rate), and the premiums and any other
related fees and costs for any owner's title insurance
policy and/or report, (ii) conveyance and clerk's
recordation fees for recording any deeds, easements and
any and all other documents incident to consummation of
the transaction contemplated hereby, (iii) the state
documentary stamps and surtax due, if any, on the special
warranty deed and easements to be delivered pursuant to
this Agreement; and (iv) the recording costs of documents
necessary to clear title at closing.
The settlement contemplated by this Agreement and the
conveyance of the GDC Conveyance Parcels to the Citv is a transfer
pursuant to a plan of reorganization and therefore no documentary
stamp taxes (or surtax) is payable on the deed of conveyance
pursuant to 11 U.S.C. §1146.
13. Closing. Subject to other provisions of this Agreement
for extension, the closing shall be held on or before February 28,
1992, at the offices of the attorneys for the City, Frese, Fallace,
gash & Torpv, P.A., at 930 S. Harbor City Blvd., Melbourne, Florida
i:).c)nl .
At closing, GDC shall execute and/or deliver (as applicable)
to the City the following closing documents:
(a) a special warranty deed conveying the GDC
Conveyance Parcels subject to the Permitted Exceptions
(and any other matters either consented to or not timely
4
objected to by the City after the City's review of title
pursuant to paragraph 4 above);
(b) an affidavit of exclusive possession with
respect to the GDC Conveyance Parcels;
(c) a "non -foreign" affidavit or certificate
pursuant to Internal Revenue Code Section 1445;
(d) a mechanic Is lien affidavit with respect to the
GDC Conveyance Parcels;'and
(e) a corporate resolution and/or such other
evidence of authority and good standing with respect to
GDC as may be reasonably required by the title insurance
company issuing title to the City;
At closing. the Citv shall execute and/or deliver (as
applicable) to GDC:
(a) a release in favor of GDC with respect to all
GDC obligations, including, but not limited to, the
release of the Bonds. in form and content acceptable to
GDC•
(b) written acknowledgment of the City's assumption
of obligations as described in paragraph 2 above, in form
and content acceptable to GDC;
(c) such documents as requested by GDC to withdraw
or satisfy the City's Proof of Claim in the Bankruptcy
Case with prejudice to any refiling or assertion of such
claim in the Bankruptcy Case;
A
(d) a document, in recordable form, setting forth
the rights chanted to GDC in paragraph 5 above. in form
and content acceptable to GDC; and
(e) an appropriate resolution satisfactory to GDC
conf irmina proper authorization for the City's execution
of this Agreement and consummation of the transactions
contemplated hereby (including, without limitation, the
City's assumption of the GDC Obligations, as herein
provided).
At closing, the parties shall each execute such other
documents as are reasonable necessary or appropriate to consummate
the transactions contemplated by this Agreement.
1�. Assignaby�at`�. None of the parties to this Agreement
shall be entitled to assign their rights hereunder.
15. Approval, The parties acknowledge and agree that this
Agreement is subject to the approval of GDC management and GDC
obtaining approval from GDC's Unsecured Creditors Committee (the
"Committee") and the Court of this Agreement and the transactions
contemplated hereby, including the conveyance to the City of the
GDC Conveyance Parcels free and clear of all liens and encumbrances
(other than the Permitted Exceptions). Tf for any reason the Court
has not approved this Agreement by January 31, 1992, this Agreement
shall be terminated, and both parties released from all further
obligations under this Agreement, unless further extended by mutual
written agreement of the nartiec.
I t
16. Notioes. Any notices required or permitted to be given
under this Agreement shall be in writing and shall be deemed to
have been given on the date of delivery, if delivered by hand, sent
by recognized overnight courier (such as Federal Express), or sent
by written telecommunication (such as a telecopy of fax) or 3 days
after mailing, if mailed by certified or registered mail, return
receipt requested, in a postage prepaid envelope, and addressed as
follows:
If to the City at: City of Sebastian
P. O. Box 780127
Sebastian, Florida 32978
Attn: Mr. Robert S. McClary, City Manager
Telecopy No. (407) 589-5570
with a copy to: Richard E. Torpy
Frese, Fallace, Nash & Torpy, P.A.
934 S. Harbor City Blvd.
Melbourne, Florida 32901
Telecopy No. (407) 951-3741
If to GDC at: General Development Corporation
2601 South Bayshore Drive
Miami, Florida 33133
Attn: Saul Sack, Esquire
Telecopy No.: (305) 859-4360
with a copy to: General Development Corporation
9801 South Federal Highway
Port St. Lucie, Florida 34952
Attn: Ralph (Cap) Cain, III
Assistant Vice President
Community Affairs
Telecopy No.: (407) 335-5926
copies of all notices
shall be given to: Maguire, Voorhis & Wells, P.A.
2 South Orange Avenue
Orlando, Florida 32801
Attn: Dwight D. Saathoff, Esq.
Telecopy No.: (407) 423-8796
kvA
17. Radon baa. RADON IS A NATURALLY OCCURRING RADIOACTIVE
GAS THAT, WHEN IT HAS ACCUMULATED IN A BUILDING IN SUFFICIENT
QUANTITIES, MAY PRESENT HEALTH RISKS TO PERSONS WHO ARE EXPOSED TO
IT OVER TIME. LEVELS OF RADON THAT EXCEED FEDERAL AND STATE
GUIDELINES HAVE BEEN FOUND IN BUILDINGS IN FLORIDA. ADDITIONAL
INFORMATION REGARDING RADON AND RADON TESTING MAY BE OBTAINED FROM
YOUR COUNTY PUBLIC HEALTH UNIT. [NOTE: THIS PARAGRAPH IS PROVIDED
FOR INFORMATIONAL PURPOSES PURSUANT TO SNCTION 404.056(8), FLORIDA
STATUTES, (1488).]
18. Miscellaneous.
(a) The City acknowledges that GDC shall endeavor
to consult with the Committee appointed in the jointly
administered Chapter 11 case of GDC, and such Committee's
counsel, with respect (but not limited) to the Release.
(b) Nothing contained in this Agreement shall be
construed as an acknowledgment or agreement from GDC or
the City as to the actual amount owing by GDC to the City
under the GDC Obligations. The parties agree that if the
closing does not occur for any reason, neither party
shall have the right to admit this Agreement, or any oral
or written statements made in connection with the
negotiation, drafting or execution of the settlement
Agreement, into any proceeding (judicial, administrative
or otherwise) arising in connection with or in any way
related to the GDC Obligations.
13
(c) Pursuant to Paragraph 2, the City, as of
closing, assumes the maintenance responsibility
obligations included with the GDC Obligations.
(d) This Agreement shall be construed and governed
in accordance with the laws of the State of Florida. All
of the parties to this Agreement have participated fully
in the negotiation and preparation hereof, and,
accordingly, this Agreement shall not be more strictly
construed against any one of the parties hereto.
(e) in the event any term or provision of this
Agreement be determined by appropriate judicial authority
to be illegal or otherwise invalid, such provision shall
be given its nearest legal meaning or be construed as
deleted as such authority determines, and the remainder
of this Agreement shall be construed to be in full force
and effect.
(f) in the event of any litigation between the
parties under this Agreement, the prevailing party shall
be entitled to reasonable attorney's fees and court costs
at all trial and appellate levels.
(g) In construing this Agreement, the singular
shall be held to include the plural, the plural shall be
held to include the singular, the use of any gender shall
be held to include every other and all genders, and
captions and paragraph headings shall be disregarded.
14
t
(h) All of the Exhibits attached to this Agreement
are incorporated in, and made a part of, this Agreement.
(i) Unless expressly set forth herein, the terms
and provisions of this Agreement shall not survive the
closing and such terms and provisions shall be deemed
merged into the special warranty deed and extinguished
at closing.
(j) Time shall be of the essence for each and every
provision of this Agreement.
(k) Neither this Agreement nor any notice or
memorandum of this Agreement shall be recorded in any
public records.
19. Entire Agreement. This Agreement constitutes the entire
agreement and understanding between the parties with respect to the
subject matter hereof and there are no other agreements, repre-
sentations or warranties other than as set forth herein. This
Agreement may not be changed, altered or modified except by an
instrument in writing signed by the party against whops enforcement
of such change would be sought and unless approved by the Court,
This Agreement shall be binding upon the parties hereto and their
respective successors and permitted assigns.
15
EXECUTED as of the date first above written in several coun-
terparts, each of which shall be deened an original, but all
constituting only one agreement.
Signed in the presence of:
r
Approved as to ore and
legal suffic'ency:
Charles/Ian Nash
City A orney
GENERAL DEVELOPMENT CORPORATION,
a Delaware corporation, as
Debtor in Possession under
U.S. Bankruptcy Court Case
No. 9 0-12 2 31-BKC-
BY:
Ti
(Corporate Seal)
THE CITY OF SEBASTIAN
By•
Name: w.E. Con rs
Title: Mayor' .r�
(Sea)<
ATTEST:
Kathy M. O`Halloran
CMC/AAE, City Clerk
16
Tracts
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
22.
23.
24.
25.
26.
27.
28.
29.
30.
31.
32.
33.
34.
35.
36.
37.
38.
39.
EXHIBIT A
SEBASTIAM 21ORLANDS
Unit
1
Block
12
Lot 2
Unit
1
Block
12
Tract H
Unit
1
Block
12
Tract I
Unit
1
Block
14
Tract F
Unit
1
Block
17
Tract E
Unit
1
Block
21
Tract D
Unit
1
Block
41
Tract C
Unit
2
Block
65
Tract C
Unit
4
Block
121
Tract Y
Unit
10
Block
208
Lot 4
Unit
10
Block
268
Unit
11
Block
282
Tract B
Unit
11
Block
364
Lot 19
Unit
11
Block
365
Lot 12
Unit
16
Block
559
Tract R
Unit
16
Block
559
Tract S
Unit
16
Block
559
Tract T
Unit
16
Block
560
Tract P
Unit
17
Block
445
Tract B
Unit
17
Block
595
Tract W
Unit
17
Block
598
Tract U
Unit
17
Block
599
Tract V
Unit
17
Block
606
Tract T
Schumann
Lake and Island
Unit 4
Unit 8
Unit 8
Unit 10
Unit 10
Unit 10
Unit 10
Unit 11
Unit 11
Unit 11
Unit 11
Unit 14
Unit 15
Unit 17
Unit 17
Public Service Tracts P.S
Block 73 Remaining portion of Hardee Park
Block 193
Block 223 Tract C
Block 211 Tract A
Block 264 Tract C
Block 267 Tract B
Block 300
Block 282 Tract A
Block 347 Tract E
Block 372 Tract C
Tract D
Block 507 Tract B
Block 488 Tract G
Block 604 Tract Q
Tract A
1
(Adjacent to Block 399)
(Adjacent to Block 441)
Fa
•Tracts
Trams
and
bots Converted tg Drainage
40.
Unit
13
Tract A (Adjacent to Block
320)
41.
Unit
13
Tract B (Adjacent to Block
330)
42.
Unit
13
Tract D (Adjacent to Block
333)
43.
Unit
17
Block
462
Tract X
44.
Unit
17
Block
574
Tract H
45.
Unit
17
Block
574
Tract I
46.
Unit
17
Block
580
Tract Y
47.
Unit
17
Block
588
Tract K
48.
Unit
17
Block
593
Tract O
49.
Unit
17
Block
599
Tract M
50.
Unit
17
Block
602
Tract P (Western 115 'Drainage r -o -w)
51.
Unit
17
Block
613
Tract R
52.
Unit
17
Block
616
Tract S
Lots
53.
Unit
17
Block
449
Lots 1 to 11
54.
Unit
17
Block
451
Lots 1 to 4
55.
Unit
17
Block
462
Lots 11 and 12
56.
Unit
17
Block
570
Lots 4 to 19
57.
Unit
17
Block
578
Lots 1 to 16, 19 and 20
58.
Unit
17
Block
579
Lots 12 to 14, 19 to 21
59.
Unit
17
Block
580
Lots 1 to 3 and 19
60.
Unit
17
Block
589
Lots 4 and 5
Fa
EXHIBIT IIBII
AdL
(1) All obligations of GDC to construct, maintain and operate all
streets and drainage facilities located in the City of
Sebastian, including, without limitation, all obligations of
GDC under that certain Agreement dated August 15, 1979 between
GDC and the City, except that the foregoing shall not include
GDC's obligations with respect to Plat Units 16 and 17, which
are postponed pursuant to paragraph 5 of the Settlement
Agreement to which this Exhibit "B" is attached hereto.
(2) Any liability or obligation (i) related in any manner to the
matters set forth in item (1) above and/or (ii) set forth in
the Proof of Claim filed by the City or related to the matters
described therein.
12/111"Na"-'-s"S.W
i
It
AJ t
City o, j Sebastian
POST OFFICE BOX 780127 o SEBASTIAN* FLORIDA 32978
TELEPHONE (407) 5W5M o FAX (407) 589-6574
January 28, 1992
via Federal Anre0s
Steven E. Goldman
Greenberg, Traurig, Hoffman, Lipoff, Rosen & Quentel, P.A.
1221 Brickell Avenue
Miami, FL 33131
Re: Settlement Agreement between GDC & City of Sebastian
Dear Mr. Goldman:
Enclosed is one (1) original of the settlement agreement between
the City of Sebastian and General Development Corporation, dated
January 16, 1992. Per instructions from Richard E. Torpy,
Deputy City Attorney, I have made the following hand written
modifications:
In paragraph 13 "closing" the closing shall be held on or before
March 15, 1992 rather than February 78, 1992.
Paragraph 15 "approval" the sentence regarding approval of the
bankruptcy -court would be changed to February 28, 1992 rather
than January 31, 1992.
Attorney Torpy advises me that these modifications need not be
approved by the City Council since they are not substantive.
Thank you for your continued cooperation in this matter.
Sincerely,
Robert S. McClary
City Manager
RSM/Jmt
cc: W. E. Conyers, Mayor & Sebastian City Council
Richard E. Torpy, Deputy City Attorney
f
settlement have been filed, that approval of the Settlement
Agreement is in the best interests of GDC, its estate and its
creditors, and that good cause appears therefor. Accordingly, it
is
ORDERED AND ADJUDGED as follows:
1. That the Motion be and hereby is GRANTED in its
entirety, and the Settlement Agreement be and hereby is APPROVED
-in all respects;
2. That GDC be and hereby is authorized to undertake
and perform all acts reasonably necessary to comply with the terms
of the Settlement Agreement, including but not limited to the
execution, delivery, receipt and exchange of documents, and GDC
and the City are directed so to comply;
3. That GDC be and hereby is directed to convey the
GDC Conveyance Parcels (as defined in the Settlement Agreement)
pursuant to Section 5.8(b) of the Plan and 11 U.S.C. § 1146(c);
4. That in accordance with Section 5.8(b) of the Plan,
the conveyance of the GDC Conveyance Parcels shall constitute an
"alternative distribution" in respect of the City's Claims, and the
City shall accept delivery of the GDC Conveyance Parcels and the
other consideration furnished by GDC pursuant to the Settlement
Agreement in full and complete satisfaction of the Claims and in
lieu of any other dividend, distribution or other treatment under
the Plan;
5. That in accordance with paragraph 8 of the
Settlement Agreement all outstanding ad valorem real property
2
* er
The Mayor thereupon declared his Resolution duly passed and
adopted this -e36-4---day of , 1991.
ATTEST:
Kath M. O'Halloran,
CMC/AA City Clerk
(SEAL)
Approved as to Form and Can
r �
Charles Ian Nash,
City Attorney
3
CITY OF SEBASTIAN, FLORIDA
By:
`
Section 2. CONFLICT. All resolutions or parts of
resolutions in conflict herewith are hereby repealed.
Section 3. SEVERABILITY. In the event a court of competent
jurisdiction shall hold or determine that any part of this
Resolution is invalid or unconstitutional, the remainder of the
Resolution shall not be affected and it shall be presumed that
the City Council of the City of Sebastian did not intend to enact
such invalid or unconstitutional provision. It shall further be
assumed that the City Council would have enacted the remainder of
this Resolution without such invalid and unconstitutional
provision, thereby causing said remainder to remain in full force
and effect.
Section 4. EFFECTIVE DATE. This Resolution shall take
effect immediately upon its adoption.
The foregoing Resolution was moved for adoption by
Councilman The motion was seconded by
Councilman /��lG( and, upon being put into a
vote, the vote was as follows:
Mayor W.E. Conyers at e_
Vice -Mayor Frank Oberbeck _
Councilman Peter R. Holyk
Councilman Lonnie R. Powell
Councilman George G. Reid
•
RESOLUTION NO. R-91-48
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AUTHORIZING THE MAYOR AND THE CITY
CLERK TO SIGN, ON BEHALF OF THE CITY, A SETTLEMENT
AGREEMENT WITH GENERAL DEVELOPMENT CORPORATION,
(-GDC-) CONVEYING CERTAIN ASSETS FROM GDC TO THE CITY
OF SEBASTIAN AS DESCRIBED IN EXSIBIT "A"; RELEASING GDC
FROM CERTAIN OBLIGATIONS TO THE CITY OF SEBASTIAN AS
DESCRIBED IN EXHIBIT "B"; PROVIDING FOR REPEAL OF
RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT
HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, General Development Corporation, ("GDC"); a
Delaware Corporation, may have certain obligations to the City of
Sebastian under the terms of the August 15, 1979 agreement
between the City of Sebastian and GDC; and
WHEREAS, GDC, on April 6, 1990, filed for protection under
Chapter 11 of the Federal Bankruptcy Laws; and
WHEREAS, since filing for bankruptcy protection, GDC has not
met certain of its obligations and responsibilities to the City
under the terms of the 1979 agreement; and
WHEREAS, the City and the GDC entered into negotiations to
relieve GDC of its obligations in return for certain GDC assets
and have reached a mutual agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that:
Section 1. AGREEMENT. The Mayor and the City Clerk of the
City of Sebastian, Indian River County, Florida, are hereby
authorized to sign, on behalf of the City, the Settlement
Agreement betweeen GDC and the City of Sebastian, a copy of which
is attached hereto.
T �
E�Za1•r Nap
(1) All obligations of GDC to construct, maintain and operate all
streets and drainage facilities located in the City of
Sebastian, including, without limitation, all obligations of
GDC under that certain Agreement dated August 15, 1979 between
GDC and the City, except that the foregoing shall not include
GDC's obligations with respect to Plat Units 16 and 17, which
are postponed pursuant to paragraph 5 of the Settlement
Agreement to which this Exhibit "B" is attached hereto.
(2) Any liability or obligation (i) related in any manner to the
matters set forth in item (1) above and/or (ii) set forth in
the Proof of Claim filed by the City or related to the matters
described therein.
2111„t,,.4,QW_%A@S..W
taxes, interest payments, and penalties with respect to the GDC
Conveyance Parcels shall be paid by GDC prior to closing;
6. That in accordance with paragraph 12 of the
Settlement Agreement the City and GDC shall each be responsible for
one-half of the cost of the commitment for title insurance with
respect to the GDC Conveyance Parcels; and
7. That the Court hereby retains exclusive jurisdic-
tion to the full extent provided in the Plan, as amended from time
to time, for the purposes of construing, interpreting and enforcing
the terms of the Settlement Agreement.
DONE AND ORDERED at Chambers in Miami, Southern District
of Florida, this day of February 1992.
ajAYMOL
UNITED STATES BANKRUPTCY JUDGE
Copies furnished to:
Mark D. Bloom, Esq.
Robert S. McClary
City Manager
Richard E. Torpy, Esq.
(Attorney Bloom is directed to serve conformed copies of this Order
upon all parties identified on the attached Service List, imme-
diately upon receipt thereof.)
t! tfAl�M/�MI:�fO..ta
3